Trans Rights Under Threat: How Ohio’s Trans Community Can Prepare for a Second Trump Term
In light of the potential legal changes due to a second Trump presidency, Project 2025, and the trend of Ohio’s Republican-controlled legislature, it's crucial for trans individuals to understand the steps they can take to protect their rights. The newly elected officials will not take office immediately, leaving the current processes in tact. It is too soon to determine, what will be changed once they take office. Given their campaign messages, it more important to take action now as they have indicated a desire to reduce/remove trans rights.
Completing Name and Gender Marker Changes
- Start the Process Early: Given the uncertain future of legal avenues for name and gender marker changes, it's advisable to begin the process as soon as possible.
- Apply for Name Change: The first step to changing your name and gender marker on all of your documents involves filing an "Application for Change of Name" in the Probate Court of the county where you reside. You will need to the new name to make the remaining changes.
- Certified Copies of the Court Order: Once your name change is approved, ensure you obtain several certified copies of the court order. These will be crucial for updating your name across various legal documents and records.
- Updating Other Documents: With the court order, you can update your name and gender marker on other important documents. Documents that can be updated are driver’s license, passport, social security administration, and in some counties your birth certificate. Not all Ohio counties will authorize a change of your birth certificate.
- Resources: Equitas Health, TransOhio, and Cooper & Elliot have put out a guide to help every Trans Ohioan understand how to change their documents to match your true-self. For more information on how to change your documents review the Guide.
Preserving Dignity in Healthcare Decisions
- Healthcare Power of Attorney (HCPA): Completing an HCPA is a critical step in ensuring your healthcare wishes are respected, especially for trans individuals who may face unique challenges in the healthcare system. This document allows you to appoint someone you trust to make healthcare decisions on your behalf if you're unable to do so.
- Specific Instructions: Within your HCPA, you can include specific instructions regarding your gender identity, preferred name, pronouns, and any other wishes that are important to you. This ensures that your identity is respected in healthcare settings, even if you're not able to advocate for yourself. Working with an estate planning attorney with experience assisting trans individuals is important as these specific instructions may not be found in documents crafted for cis-gender individuals.
- Advance Directives: Consider completing other advance directives, such as a living will, to document your wishes regarding end-of-life care. This can include instructions on pain management, life support, and other critical medical decisions.
- Discuss Your Wishes: It's not enough to simply complete these documents; you should also discuss your wishes with your healthcare proxy, loved ones, and healthcare providers. This ensures everyone is aware of your preferences and can act accordingly.
- Review and Update Regularly: Healthcare wishes and legal documents should be reviewed and updated regularly, especially after major life events or changes in your health. This ensures that your documents reflect your current wishes and circumstances.
By taking these steps, trans individuals in Ohio can protect their legal rights and ensure their dignity is preserved, especially in light of potential legal changes. It's also advisable to seek legal advice and support from organizations that specialize in LGBTQ+ rights to navigate these processes effectively.
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